The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Criminal Justice
BILL: SB 1972
INTRODUCER: Senator Pizzo
SUBJECT: Expunction and Sealing of Judicial Records
DATE: March 22, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Davis Cibula JU Favorable
2. Stokes Jones CJ Favorable
3. RC
I. Summary:
SB 1972 creates s. 741.301, F.S., permitting a person, who was the respondent to a domestic
violence injunction petition, to request that the court seal the injunction petition and all related
records and documents, if the petition for the injunction was withdrawn or dismissed or if there
was a ruling in favor of the respondent. The petition for sealing may be filed at any time.
This bill amends s. 943.0585, F.S., to permit a person who has had a prior expunction granted for
an offense that was committed when he or she was a minor to have another eligible record
expunged. If the prior expunction was for an offense in which the minor was charged as an adult,
the person is not eligible for a subsequent expunction.
Additionally, this bill provides that a person who is eligible to seek an expunction for an
indictment, information, or other charging document that was filed and dismissed or nolle
prosequi by the state, was dismissed by a court, or a judgment of acquittal or verdict of not guilty
was rendered, is not ineligible if they had a prior sealing or expunction.
The bill requires the Florida Department of Law Enforcement (FDLE) to issue a certificate of
eligibility or deny the request for a certificate no later than 6 months after the application is
submitted.
This bill may have a negative fiscal impact on the FDLE and the courts. See Section V. Fiscal
Impact Statement.
The bill takes effect July 1, 2021.
BILL: SB 1972 Page 2
II. Present Situation:
Domestic Violence Injunctions
Temporary Injunctions
If someone believes that she or he is a victim of domestic violence1 or has reasonable cause to
believe that she or he is in imminent danger of becoming a victim of domestic violence, that
person may petition a circuit court for an injunction for protection against domestic violence.2
The clerk’s office will take the sworn petition to a judge who rules on the petition, generally
within 24 hours.
The judge examines the petition, ex parte, meaning that the judge examines only the information
submitted by the petitioner. The parties are generally not present, and no additional evidence is
submitted. If it appears to the court that an immediate and present danger of domestic violence
exists, the court may grant a temporary injunction, pending a full hearing at a later date.3
Any ex parte temporary injunction is effective for a fixed period of time that does not exceed
15 days. A full hearing will be set for a date that is no later than the date when the temporary
injunction expires, although the court may grant a continuance for good cause shown, including a
continuance to obtain service of process on the respondent. A temporary injunction will be
extended if it is necessary to remain in full force and effect during the continuance.4
Injunctions
The court may grant an injunction after a hearing is held and the court concludes that the
petitioner is a victim of domestic violence or has reasonable cause to believe that she or he is in
imminent danger of becoming a victim.5 The injunction remains in effect until it is modified or
dissolved. The petitioner or respondent may move at any time for those actions.6
Sealing of Judicial Records
The Florida Constitution mandates that the public must have access to court records, subject only
to certain enumerated limitations.7 The rules promulgated by the Florida Supreme Court govern
public access and protection of records of the judicial branch.8 The rules provide that specified
1
“Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery,
stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of
one family or household member by another family or household member. Section 741.28(2), F.S.
“Family or household member means spouses, former spouses, persons related by blood or marriage, persons who are
presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents
of a child in common regardless of whether they have been married. With the exception of persons who have a child in
common, the family or household members must be currently residing or have in the past resided together in the same single
dwelling unit.” Section 741.28(3), F.S.
2
Section 741.30(1)(a), F.S.
3
Section 741.30(5)(a), F.S.
4
Section 741.30(5)(c), F.S.
5
Section 741.30(6)(a), F.S.
6
Section 741.30(6)(c), F.S.
7
Art. I, s. 24, Fla. Const.
8
Rule 2.420, Fla. R. Gen Prac. & Jud. Admin.
BILL: SB 1972 Page 3
records of the judicial branch9 must be confidential, including all records made confidential
under the Florida and United States Constitution and Florida and federal law.10 “Confidential,”
means that such information is exempt from the public right of access under article I, section
24(a) of the Florida Constitution and may be released only to the persons or organizations
designated by law, statute, or court order. As applied to information contained within a court
record, the term “exempt” means that such information is confidential.11 Additionally, a court
can determine that any court record is confidential by:
 A finding that confidentiality is required to:
o Prevent a serious and imminent threat to the fair, impartial, and orderly administration of
justice;
o Protect trade secrets;
o Protect a compelling governmental interest;
o Obtain evidence to determine legal issues in a case;
o Avoid substantial injury to innocent third parties;
o Avoid substantial injury to a party by disclosure of matters protected by a common law or
privacy right not generally inherent in the specific type of proceeding sought to be closed;
o Comply with established public policy set forth in the Florida or United States
Constitution or statutes or Florida rules or case law.
 A finding that no less restrictive measures are available to protect the interest set forth
above.12
A person may request the court to determine the confidentiality of trial court records in
noncriminal cases. Such request must be made in writing in the form of a motion captioned,
“Motion to Determine Confidentiality of Court Records.” Such motion must:
 Identify the particular court records or a portion of a record that the movant seeks to have
determined as confidential with as much specificity as possible without revealing the
information subject to the confidentiality determination;
 Specify the basis for determining that such court records are confidential without revealing
confidential information; and
 Set forth the specific legal authority and any applicable legal standards for determining such
court records to be confidential without revealing confidential information.13
9
Id., providing that “records of the judicial branch,” are all records, regardless of physical form, characteristics, or means of
transmission, made or received in connection with the transaction of official business by any judicial branch entity and
consists of: (1) “court records,” which are the contents of the court file, including the progress docket and other similar
records generated to document activity in a case, transcripts filed with the clerk, documentary exhibits in the custody of the
clerk, and electronic records, videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk, and
electronic records, videotapes, or stenographic tapes of court proceedings; and (2) “administrative records,” which are all
other records made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official
business by any judicial branch entity.
10
Id.
11
Id.
12
Id.
13
Id.
BILL: SB 1972 Page 4
Florida statute and rule provide for the sealing of certain criminal history records. A criminal
history record that is ordered sealed by the court is confidential and exempt from public record
laws, and only available to specified persons.14
Expunction of Criminal History Records
State courts have continuing jurisdiction over their own procedures, including the expunction
and sealing of judicial records that contain criminal history information.15 Pursuant to statute,
judges have the discretion to order criminal records maintained by the court system and records
held by law enforcement agencies to be sealed16 or expunged for either a minor or an adult.17
However, no one has a right to have a record expunged and the request may be denied at the sole
discretion of the court.18
A person may have his or her criminal history record19 expunged under certain enumerated
circumstances.20 When a record is expunged, the criminal justice agencies21 that possess the
record must physically destroy or obliterate it. However, a criminal justice agency may retain a
notation indicating compliance with an order to expunge.22 The FDLE maintains a copy of the
record to evaluate subsequent requests for sealing or expunction, and to recreate the record in the
event a court vacates the order to expunge.23 The criminal history record retained by the FDLE is
confidential and exempt.24 Once the record is expunged, a person may lawfully deny or fail to
acknowledge the arrests covered by the expunged record, subject to exceptions.25
14
Section 943.059(6), F.S., providing that a sealed criminal history record is available to the subject of the record, the
subjects attorney, criminal justice agencies for specified purposes, judges in the state court system for specified purposes, and
specified entities for licensing access authorization and employment purposes.; see also Rule 2.420 Fla. R. Gen. Prac. & Jud.
Admin.
15
Sections 943.0585(4)(a) and 943.059(4)(a), F.S. The procedures, however, must be consistent with the duties established in
statute. See also Henry P. Trawick, Jr., Florida Pleading and Practice Forms 11B. Fla. Pl. & Pr. Forms s. 97:14 (May 2020).
16
In general terms, sealing makes records confidential in most cases while expunction requires the actual physical destruction
of records held by courts and most law enforcement agencies. When a record is sealed, it is preserved so that it is secure and
inaccessible to any person who does not have a legal right to access the record or the information contained within the record.
A court may order a criminal history record sealed, rendering it confidential and exempt from Florida’s public records laws.
Sections 943.045(19), 943.059(6), and 119.07(1), F.S., and Art. I, s. 24(a), Fla. Const.
17
Sections 943.0585(4)(b) and 943.059(4)(b), F.S.
18
Section 943.0585(4)(b) and (e), F.S.
19
Section 943, 045(6), F.S., provides that a “criminal history record” is any judicial record maintained by a criminal justice
agency containing criminal history information.
20
Sections 943.0581, 943.0582, 943.0583, and 943.0585, F.S.
21
Section 943.045(11), F.S., provides that “criminal justice agency,” means: (1) A court; (2) the FDLE; (3) The Department
of Juvenile Justice; (4) The protective investigations component of the Department of Children and Families, which
investigates the crimes of abuse and neglect; and (5) Any other governmental agency or subunit thereof that performs the
administration of criminal justice pursuant to a statute or rule of court and that allocates a substantial part of its annual budget
to the administration of criminal justice.
22
Section 943.0585(6)(a), F.S.
23
Section 943.045(16), F.S.
24
Section 943.0585(6)(a), F.S.
25
Section 943.0585(6), F.S.
BILL: SB 1972 Page 5
Court-Ordered Expunction
A court, in its discretion, may order the expunction of a person’s criminal history record if the
FDLE issues the person a certificate of eligibility for expunction.26 The FDLE must issue a
certificate of eligibility for court-ordered expunction to a person meeting the criteria set forth in
statute.27 Generally, a person is eligible for expunction if:
 An indictment, information, or other charging document was not filed or issued in the case
giving rise to the criminal history record.
 An indictment, information, or other changing document was filed or issued in the case
giving rise to the criminal history record, but was dismissed or nolle prosequi by the State,
was dismissed by the court, a judgment of acquittal was rendered, or a verdict of not guilty
was rendered.
 The person is not seeking to seal a criminal history record relating to a violation of certain
enumerated offenses.
 The person has never, prior to filing the application for a certificate of eligibility, been either:
o Adjudicated guilty of any criminal offense or comparable ordinance violation; or
o Adjudicated delinquent of any felony or certain enumerated misdemeanors as a juvenile.
 The person has not been adjudicated guilty or delinquent for committing any of the acts
stemming from the arrest or alleged criminal activity to which the petition to expunge
pertains.
 The person is no longer under court supervision applicable to the disposition of arrest or
alleged criminal activity to which the petition to expunge pertains.
 The person has never secured a prior sealing or expunction, unless:
o Expunction is sought of a criminal history record previously sealed for at least 10 years;
and
o The record was sealed because adjudication was withheld, or because a judgment of
acquittal or verdict of not guilty was rendered.28
Certificate of Eligibility
Before petitioning a court to expunge a criminal history record, a person must apply to the FDLE
for a certificate of eligibility for expunction. The FDLE must issue a certificate of eligibility for
expunction to a person who is the subject of a criminal history record if that person:
 Is eligible for expunction, as described above;
 Has submitted to the FDLE a written certified statement from the appropriate state attorney
or statewide prosecutor which confirms the criminal history record complies with specified
criteria;29
 Has submitted to the FDLE a certified copy of the disposition of the charge to which the
petition pertains; and
26
Section 943.0585(4), F.S.
27
Section 943.0585(2), F.S.
28
Section 943.0585(1), F.S.
29
Section 943.0585(2)(a)2., F.S., Specified criteria include: An indictment, information, or other charging document was not
filed or issued in the case giving rise to the criminal history record; An indictment, information, or other charging document
was filed or issued in the case giving rise to the criminal history record, was dismissed or nolle prosequi by the state attorney
or statewide prosecutor, or was dismissed by a court or a judgment of acquittal was rendered, or a verdict of not guilty was
rendered; The person has never been adjudicated guilty or delinquent for committing any felony or specified misdemeanors.
BILL: SB 1972 Page 6
 Pays a $75 processing fee to the FDLE.30
A certificate of eligibility for expunction is valid for 12 months after the date stamped on the
certificate when issued by the FDLE.31
Other Types of Expunction
Other types of expunction include:
 Lawful self-defense expunction.32
 Human trafficking victim expunction.33
 Automatic juvenile expunction.34
 Early juvenile expunction.35
 Administrative expunction due to a mistake.36
 Juvenile diversion program expunction.37
III. Effect of Proposed Changes:
This bill creates s. 741.301, F.S., permitting a person, who was the respondent to a domestic
violence injunction petition, to request that the court seal the injunction pet